NY State Senate Bill S5912C

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (18)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 09, 2018	referred to governmental operations delivered to assembly passed senate
Apr 30, 2018	amended on third reading 5912c
Jan 17, 2018	advanced to third reading
Jan 16, 2018	2nd report cal.
Jan 09, 2018	1st report cal.101
Jan 03, 2018	referred to commerce, economic development and small business returned to senate died in assembly
Jun 21, 2017	referred to governmental operations delivered to assembly passed senate
Jun 13, 2017	amended on third reading 5912b
Jun 08, 2017	amended on third reading 5912a
May 16, 2017	ordered to third reading cal.979 committee discharged and committed to rules
May 05, 2017	referred to commerce, economic development and small business

Votes

view votes

May 9, 2018 - floor Vote

S5912C

floor

Aye

Nay

Absent

Excused

Abstained

Jan 9, 2018 - Commerce, Economic Development and Small Business committee Vote

S5912B

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show committee vote details

Committee Vote: Jan 9, 2018

aye (6)

nay (4)

aye wr (1)

Hamilton

Jun 21, 2017 - floor Vote

S5912B

floor

Aye

Nay

Absent

Excused

Abstained

May 16, 2017 - Rules committee Vote

S5912

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

C (Active)

Original

C (Active)

Co-Sponsors

S5912 - Details

See Assembly Version of this Bill:: A8470
Law Section:: State Administrative Procedure Act
Laws Affected:: Amd §202, St Ad Proc Act

S5912 - Summary

Relates to agencies adopting emergency rules.

S5912 - Sponsor Memo

 BILL NUMBER:  S5912

 TITLE OF BILL :

An act to amend the state administrative procedure act, in relation to
agencies adopting emergency rules

 PURPOSE :

The purpose of this bill is to amend the State Administrative
Procedure Act (SAPA), in relation to the use of emergency rule making,
constricting the timeframe an agency can promulgate a single
regulation as an emergency, and the circumstances surrounding the need
for emergency rule making action by a state agency.

 SUMMARY OF PROVISIONS :

The bill amends the State Administrative Procedure Act (SAPA) Section
202, subdivision 6 (a) (b), notice of emergency adoption and emergency
time frames.

 EXISTING LAW :

State Administrative Procedure Act 202-6(a)(b)

 JUSTIFICATION :

Staff at the Administrative Regulations Review Commission note
research that shows nearly 2/3 of New York State agencies rule makings
over the past ten-years (2006 to 2015) have been proposed through the
emergency or emergency proposal rule making procedure.  Most agencies
cite "general welfare" as reasoning for using the emergency rule
making process.

Approximately 2,750 rules were proposed by New York State Agencies
within the ten-year period (2006 to 2015), an average of 275 per year.
During the same ten-year period, 1,938 rule makings were proposed
through the emergency or emergency proposal procedure. In most cases,
the emergency rule making procedure does not allow for public comment
or public involvement nor does it allow enough time for small
businesses to adapt to the regulatory changes, as they happen
immediately under the emergency process. With emergency adoption,
literally overnight, small business owners and regulated public are
forced to change their practices immediately. ARRC staff have been
contacted by small business owners, healthcare professionals and
education advocates complaining that the emergency process is unfair
and they cannot comment, react or implement changes within required
regulatory time frames. This legislation will seek to strengthen the
definition of emergency rule making, the specifics surrounding its use
and limit the time frame for implementation.

 LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

None

 LOCAL FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect January 1st following signature into law.

S5912 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5912

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               May 5, 2017
                               ___________

Introduced  by  Sen.  JACOBS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment and Small Business

AN  ACT  to amend the state administrative procedure act, in relation to
  agencies adopting emergency rules

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraphs (a) and (b) of subdivision 6 of section 202 of
the state administrative procedure act, paragraph (a) as added by  chap-
ter  17  of the laws of 1984 and paragraph (b) as amended by chapter 483
of the laws of 1988, are amended to read as follows:
  (a) Notwithstanding any other provision of law, if an agency finds FOR
A GOOD CAUSE that the immediate adoption of a rule is necessary [for the
preservation of the public health, safety or general  welfare  and  that
compliance  with  the  requirements  of  subdivision one of this section
would be contrary to the public interest, the agency may  dispense  with
all  or  part  of  such  requirements and adopt the rule on an emergency
basis], AND ONE OR MORE OF THE FOLLOWING CONDITIONS ARE MET, THE  AGENCY
MAY  DISPENSE WITH ALL OR PART OF THE REQUIREMENTS OF SUBDIVISION ONE OF
THIS SECTION AND ADOPT THE RULE ON AN EMERGENCY BASIS:
  (I) THE USUAL RULE MAKING PROCEDURES ARE IMPRACTICAL BECAUSE THERE  IS
AN  EMERGENCY  THAT  POSES  AN IMMINENT AND SUBSTANTIAL THREAT TO PUBLIC
HEALTH OR SAFETY; OR
  (II) THE USUAL RULE MAKING PROCEDURES ARE IMPRACTICAL BECAUSE A  JUDI-
CIAL  DECISION,  FEDERAL  OR  STATE LAW OR RULE OR OTHER EXIGENT CIRCUM-
STANCES REQUIRE AN AGENCY TO IMMEDIATELY CREATE OR CHANGE  A  RULE  UPON
WHICH THE PUBLIC CAN RELY; OR
  (III)  THE  USUAL RULE MAKING PROCEDURES ARE IMPRACTICAL BECAUSE IT IS
NECESSARY FOR AN AGENCY TO ADOPT A RULE IMMEDIATELY IN ORDER TO  FULFILL
ITS LEGAL OBLIGATIONS; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11460-01-7

S. 5912                             2

  (IV)  FAILURE  TO  ADOPT  A  RULE IMMEDIATELY WOULD CAUSE A DELAY THAT
WOULD FRUSTRATE OR BE IN DIRECT CONTRAVENTION OF THE STATED GOALS  OF  A
STATUTE AND BE CONTRARY TO THE PUBLIC INTEREST; OR
  (V)  THE  DELAY  INVOLVED  IN ADOPTING THE RULE THROUGH THE USUAL RULE
MAKING PROCEDURE PROVIDED IN SUBDIVISION ONE OF THE SECTION  WOULD  LEAD
TO IRREPARABLE INJURY AND THUS WOULD BE CONTRARY TO THE PUBLIC INTEREST;
OR
  (VI)  ANY  DELAY IN ADOPTING THE RULE WOULD CAUSE A DENIAL OF FUNDS OR
SERVICES FROM SOURCES OUTSIDE GOVERNMENT WHICH WOULD OTHERWISE BE AVAIL-
ABLE TO THE STATE AND THUS BE CONTRARY TO THE PUBLIC INTEREST.
  (b) Unless otherwise provided by law, such emergency  rule  shall  not
remain  in effect for longer than ninety days after being filed with the
secretary of state unless within such time the agency complies with  the
requirements  of  subdivision  one  of  this section and adopts the rule
pursuant  to  the  provisions  of  subdivision  five  of  this  section,
provided,  however,  if  such  emergency  rule is readopted prior to the
expiration of such ninety day period such readoption and any  subsequent
readoptions  shall  remain in effect for no longer than sixty days.  THE
AGENCY MAY ADOPT THE RULE FOR TWO ADDITIONAL SIXTY DAY PERIODS.  AT  THE
END  OF  THE  THIRD SIXTY DAY EMERGENCY PERIOD THE AGENCY MUST ADOPT THE
RULE PERMANENTLY OR THE RULE SHALL BE DEEMED TO BE EXPIRED.
  § 2. This act shall take effect immediately.

Co-Sponsors

S5912A - Details

See Assembly Version of this Bill:: A8470
Law Section:: State Administrative Procedure Act
Laws Affected:: Amd §202, St Ad Proc Act

S5912A - Summary

Relates to agencies adopting emergency rules.

S5912A - Sponsor Memo

 BILL NUMBER:  S5912A          Revised 6/12/17

 TITLE OF BILL :  An act to amend the state administrative procedure
act, in relation to agencies adopting emergency rules

 PURPOSE :

The purpose of this bill is to amend the State Administrative
Procedure Act (SAPA), in relation to the use of emergency rule making,
constricting the timeframe an agency can promulgate a single
regulation as an emergency, and the circumstances surrounding the need
for emergency rule making action by a state agency.

 SUMMARY OF PROVISIONS :

Section 1: Amends the State Administrative Procedure Act (SAPA)
Section 202, subdivision 6 (a) (b), allowing agencies to adopt
emergency regulations for good cause that the emergency rule is
necessary to preserve public health, safety, or general welfare, and
one or more of the following conditions are met:

*The usual rulemaking procedures are impractical because of an
imminent and actual threat to public health or safety; or

*The delay would cause the agency to be out of compliance with a
federal or state law; or

*The delay would result in the loss of federal funds; or

*The delay would lead to irreparable injury.

Furthermore, this section would require the agency to commence the
usual rule making process within thirty days of the adoption of the
emergency rule.

Section 2: establishes the effective date.

 EXISTING LAW :

State Administrative Procedure Act 202-6(a)(b)

 JUSTIFICATION :

From 2006 to 2015, New York governmental agencies issued approximately
2,750 rules. Of those, 1,938 were proposed through the emergency
process, a full two-thirds. In 2016, one-third of all regulations
proposed by New York governmental agencies were through by emergency.
In most cases, the emergency rule making procedures do not allow for
public comment or public involvement nor do they allow enough time for
small businesses to adapt to the regulatory changes, as they happen
immediately  under the emergency process. With emergency adoption,
literally overnight, small business owners and the regulated public
are forced to change their practices immediately. This legislation
will seek to clarify the definition of emergency rule making, the
specifics surrounding its use, and require that regular rulemaking
procedures be implemented at the end of the emergency rulemaking
period or the emergency rule will be deemed to expire.

 LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

To be determined

 EFFECTIVE DATE :
This act shall take effect immediately.

S5912A - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5912--A
    Cal. No. 979

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               May 5, 2017
                               ___________

Introduced  by  Sens.  JACOBS, SERINO -- read twice and ordered printed,
  and when printed to be committed to the Committee on Commerce, Econom-
  ic Development and Small Business --  committee  discharged  and  said
  bill  committed  to the Committee on Rules -- ordered to a third read-
  ing, amended and ordered reprinted, retaining its place in  the  order
  of third reading

AN  ACT  to amend the state administrative procedure act, in relation to
  agencies adopting emergency rules

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraphs (a) and (b) of subdivision 6 of section 202 of
the state administrative procedure act, paragraph (a) as added by  chap-
ter  17  of the laws of 1984 and paragraph (b) as amended by chapter 483
of the laws of 1988, are amended to read as follows:
  (a) Notwithstanding any other provision of law, if an agency finds FOR
A GOOD CAUSE that the immediate adoption of a rule is necessary for  the
preservation  of  the public health, safety or general welfare [and that
compliance with the requirements of  subdivision  one  of  this  section
would  be  contrary to the public interest, the agency may dispense with
all or part of such requirements and adopt  the  rule  on  an  emergency
basis],  AND ONE OR MORE OF THE FOLLOWING CONDITIONS ARE MET, THE AGENCY
MAY DISPENSE WITH ALL OR PART OF THE REQUIREMENTS OF SUBDIVISION ONE  OF
THIS SECTION AND ADOPT THE RULE ON AN EMERGENCY BASIS:
  (I)  THE USUAL RULE MAKING PROCEDURES ARE IMPRACTICAL BECAUSE THERE IS
AN EMERGENCY THAT POSES AN IMMINENT AND ACTUAL THREAT TO  PUBLIC  HEALTH
OR SAFETY; OR
  (II)  THE  DELAY  INVOLVED IN ADOPTING THE RULE THROUGH THE USUAL RULE
MAKING PROCEDURE WOULD CAUSE THE AGENCY TO BE OUT OF COMPLIANCE  WITH  A
JUDICIAL DECISION, FEDERAL OR STATE LAW; OR
  (III)  THE  DELAY  IN  ADOPTING THE RULE THROUGH THE USUAL RULE MAKING
PROCEDURE WOULD RESULT IN A LOSS OF FEDERAL FUNDS; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
S                                                          LBD11460-02-7

S. 5912--A                          2

  (IV) THE DELAY INVOLVED IN ADOPTING THE RULE THROUGH  THE  USUAL  RULE
MAKING  PROCEDURE PROVIDED IN SUBDIVISION ONE OF THIS SECTION WOULD LEAD
TO IRREPARABLE INJURY.
  (A-1)  WITHIN  THIRTY  DAYS OF THE ADOPTION OF THE EMERGENCY RULE, THE
AGENCY SHALL SEPARATELY SUBMIT A NOTICE OF PROPOSED RULE MAKING FOR SUCH
RULE TO THE SECRETARY OF STATE TO COMMENCE THE USUAL RULE MAKING  PROCE-
DURES SET FORTH IN SUBDIVISION ONE OF THIS SECTION.
  (b)  Unless  otherwise  provided by law, such emergency rule shall not
remain in effect for longer than ninety days after being filed with  the
secretary  of state unless within such time the agency complies with the
requirements of subdivision one of this  section  and  adopts  the  rule
pursuant  to  the  provisions  of  subdivision  five  of  this  section,
provided, however, if such emergency rule  is  readopted  prior  to  the
expiration  of such ninety day period such readoption and any subsequent
readoptions shall remain in effect for no longer than sixty days.   UPON
ANY  READOPTION,  THE  AGENCY  SHALL  PUBLISH  AND MAKE AVAILABLE TO THE
PUBLIC AN ASSESSMENT OF PUBLIC COMMENTS RECEIVED ON THE  EMERGENCY  RULE
OR THE SEPARATE NOTICE OF PROPOSED RULEMAKING FOR SUCH RULE.  THE AGENCY
MAY  ADOPT  THE RULE FOR TWO ADDITIONAL SIXTY DAY PERIODS. AT THE END OF
THE THIRD SIXTY DAY EMERGENCY PERIOD THE  AGENCY  MUST  ADOPT  THE  RULE
PERMANENTLY OR THE RULE SHALL BE DEEMED TO BE EXPIRED.
  § 2. This act shall take effect immediately.

Co-Sponsors

S5912B - Details

See Assembly Version of this Bill:: A8470
Law Section:: State Administrative Procedure Act
Laws Affected:: Amd §202, St Ad Proc Act

S5912B - Summary

Relates to agencies adopting emergency rules.

S5912B - Sponsor Memo

 BILL NUMBER:  S5912B

 TITLE OF BILL :  An act to amend the state administrative procedure
act, in relation to agencies adopting emergency rules

 PURPOSE :

The purpose of this bill is to amend the State Administrative
Procedure Act (SAPA), in relation to the use of emergency rule making,
constricting the timeframe an agency can promulgate a single
regulation as an emergency, and the circumstances surrounding the need
for emergency rule making action by a state agency.

 SUMMARY OF PROVISIONS :

Section 1: Amends the State Administrative Procedure Act (SAPA)
Section 202, subdivision 6 (a) (b), allowing agencies to adopt
emergency regulations for good cause that the emergency rule is
necessary to preserve public health, safety, or general welfare, and
one or more of the following conditions are met:
*The usual rulemaking procedures are impractical because of an
imminent and actual threat to public health or safety; or
*The delay would cause the agency to be out of compliance with a
federal or state law; or
*The delay would result in the loss of federal funds; or
*The delay would lead to irreparable injury.

*Within thirty days of the adoption of the emergency rule, the agency
must submit a notice of proposed rulemaking to commence the usual
rulemaking procedures.

Furthermore, this section states that the emergency rule would remain
in effect for as long as the separate notice of proposed rulemaking
remains in effect, upon which time it would expire.

Section 2: establishes the effective date.

 EXISTING LAW :

State Administrative Procedure Act 202-6(a)(b)

 JUSTIFICATION :

From 2006 to 2015, New York governmental agencies issued approximately
2,750 rules. Of those, 1,938 were proposed through the emergency
process, a full two-thirds. In 2016, one-third of all regulations
proposed by New York governmental agencies were through by emergency.
In most cases, the emergency rule making procedures do not allow for
public comment or public involvement nor do they allow enough time for
small businesses to adapt to the regulatory changes, as they happen
immediately under the emergency process. With emergency adoption,
literally overnight, small business owners and the regulated public
are forced to change their practices immediately.  This legislation
will seek to clarify the definition of emergency rule making, the
specifics surrounding its use, and require that regular rulemaking
procedures be implemented at the end of the emergency rulemaking
period or the emergency rule will be deemed to expire.

 LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

To be determined

 EFFECTIVE DATE :
This act shall take effect immediately.

S5912B - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5912--B
    Cal. No. 979

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               May 5, 2017
                               ___________

Introduced  by  Sens.  JACOBS, SERINO -- read twice and ordered printed,
  and when printed to be committed to the Committee on Commerce, Econom-
  ic Development and Small Business --  committee  discharged  and  said
  bill  committed  to the Committee on Rules -- ordered to a third read-
  ing, amended and ordered reprinted, retaining its place in  the  order
  of third reading -- again amended and ordered reprinted, retaining its
  place in the order of third reading

AN  ACT  to amend the state administrative procedure act, in relation to
  agencies adopting emergency rules

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraphs (a) and (b) of subdivision 6 of section 202 of
the state administrative procedure act, paragraph (a) as added by  chap-
ter  17  of the laws of 1984 and paragraph (b) as amended by chapter 483
of the laws of 1988, are amended to read as follows:
  (a) Notwithstanding any other provision of law, if an agency finds FOR
A GOOD CAUSE that the immediate adoption of a rule is necessary for  the
preservation  of  the public health, safety or general welfare [and that
compliance with the requirements of  subdivision  one  of  this  section
would  be  contrary to the public interest, the agency may dispense with
all or part of such requirements and adopt  the  rule  on  an  emergency
basis],  AND ONE OR MORE OF THE FOLLOWING CONDITIONS ARE MET, THE AGENCY
MAY DISPENSE WITH ALL OR PART OF THE REQUIREMENTS OF SUBDIVISION ONE  OF
THIS SECTION AND ADOPT THE RULE ON AN EMERGENCY BASIS:
  (I)  THE USUAL RULE MAKING PROCEDURES ARE IMPRACTICAL BECAUSE THERE IS
AN EMERGENCY THAT POSES AN IMMINENT AND ACTUAL THREAT TO  PUBLIC  HEALTH
OR SAFETY; OR
  (II)  THE  DELAY  INVOLVED IN ADOPTING THE RULE THROUGH THE USUAL RULE
MAKING PROCEDURE WOULD CAUSE THE AGENCY TO BE OUT OF COMPLIANCE  WITH  A
JUDICIAL DECISION, FEDERAL OR STATE LAW; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD11460-03-7

S. 5912--B                          2

  (III)  THE  DELAY  IN  ADOPTING THE RULE THROUGH THE USUAL RULE MAKING
PROCEDURE WOULD RESULT IN A LOSS OF FEDERAL FUNDS; OR
  (IV)  THE  DELAY  INVOLVED IN ADOPTING THE RULE THROUGH THE USUAL RULE
MAKING PROCEDURE PROVIDED IN SUBDIVISION ONE OF THIS SECTION WOULD  LEAD
TO IRREPARABLE INJURY.
  (A-1)  WITHIN  THIRTY  DAYS OF THE ADOPTION OF THE EMERGENCY RULE, THE
AGENCY SHALL SEPARATELY SUBMIT A NOTICE OF PROPOSED RULE MAKING FOR SUCH
RULE TO THE SECRETARY OF STATE TO COMMENCE THE USUAL RULE MAKING  PROCE-
DURES SET FORTH IN SUBDIVISION ONE OF THIS SECTION.
  (b)  Unless  otherwise  provided by law, such emergency rule shall not
remain in effect for longer than ninety days after being filed with  the
secretary  of state unless within such time the agency complies with the
requirements of subdivision one of this  section  and  adopts  the  rule
pursuant  to  the  provisions  of  subdivision  five  of  this  section,
provided, however, if such emergency rule  is  readopted  prior  to  the
expiration  of such ninety day period such readoption and any subsequent
readoptions shall remain in effect for no longer than sixty days.   UPON
ANY  READOPTION,  THE  AGENCY  SHALL  PUBLISH  AND MAKE AVAILABLE TO THE
PUBLIC AN ASSESSMENT OF PUBLIC COMMENTS RECEIVED ON THE  EMERGENCY  RULE
OR  THE SEPARATE NOTICE OF PROPOSED RULEMAKING FOR SUCH RULE.  THE EMER-
GENCY RULE MAY REMAIN IN EFFECT, AT THE LATEST, FOR AS LONG AS THE SEPA-
RATE NOTICE OF PROPOSED RULEMAKING REMAINS IN EFFECT PURSUANT TO  SUBDI-
VISION  TWO  OF  THIS  SECTION.  WHEN  THE  SEPARATE  NOTICE OF PROPOSED
RULEMAKING EXPIRES PURSUANT TO SUBDIVISION  TWO  OF  THIS  SECTION,  THE
EMERGENCY  RULE SHALL ALSO EXPIRE AND BE INEFFECTIVE FOR THE PURPOSES OF
THIS SECTION.
  § 2. This act shall take effect immediately.

Co-Sponsors

S5912C (ACTIVE) - Details

See Assembly Version of this Bill:: A8470
Law Section:: State Administrative Procedure Act
Laws Affected:: Amd §202, St Ad Proc Act

S5912C (ACTIVE) - Summary

Relates to agencies adopting emergency rules.

S5912C (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S5912C

SPONSOR: JACOBS
 
TITLE OF BILL:

An act to amend the state administrative procedure act, in relation to
agencies adopting emergency rules

 
PURPOSE:

The purpose of this bill is to amend the State Administrative Procedure
Act (SAPA), in relation to the use of emergency rule making, constrict-
ing the timeframe an agency can promulgate a single regulation as an
emergency, and the circumstances surrounding the need for emergency rule
making action by a state agency.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the State Administrative Procedure Act (SAPA) Section
202, subdivision 6 (a) (b), allowing agencies to adopt emergency regu-
lations for good cause that the emergency rule is necessary to preserve

public health, safety, or general welfare, and one or more of the
following conditions are met:

*The usual rulemaking procedures are impractical because of an imminent
and actual threat to public health or safety or the environment; or

*The delay would cause the agency to be out of compliance with a federal
or state law; or

*The delay would result in the loss of federal funds; or

*The delay would lead to irreparable injury.  Furthermore, this section
would require the agency to commence the usual rule making process with-
in thirty days of the adoption of the emergency rule.

Section 2: establishes the effective date.

 
EXISTING LAW:

State Administrative Procedure Act 202-6(a)(b)

 
JUSTIFICATION:

From 2006 to 2015, New York governmental agencies issued approximately
2,750 rules. Of those, 1,938 were proposed through the emergency proc-
ess, a full two-thirds. In 2016, one-third of all regulations proposed
by New York governmental agencies were through by emergency.  In most
cases, the emergency rule making procedures do not allow for public
comment or public involvement nor do they allow enough time for small
businesses to adapt to the regulatory changes, as they happen immediate-
ly under the emergency process. With emergency adoption, literally over-
night, small business owners and the regulated public are forced to
change their practices immediately. This legislation will seek to clari-
fy the definition of emergency rule making, the specifics surrounding
its use, and require that regular rulemaking procedures be implemented
at the end of the emergency rulemaking period or the emergency rule will
be deemed to expire.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect immediately.

S5912C (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5912--C
    Cal. No. 101

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               May 5, 2017
                               ___________

Introduced  by  Sens.  JACOBS, AKSHAR, DeFRANCISCO, MARCHIONE, SERINO --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee on Commerce, Economic Development and Small Business --
  committee discharged and said bill committed to the Committee on Rules
  -- ordered to a third reading, amended and ordered reprinted,  retain-
  ing  its  place  in  the  order  of third reading -- again amended and
  ordered reprinted, retaining its place in the order of  third  reading
  --  recommitted to the Committee on Commerce, Economic Development and
  Small Business in accordance with Senate Rule 6, sec.  8  --  reported
  favorably  from  said  committee,  ordered to first and second report,
  ordered to a third reading, amended and ordered  reprinted,  retaining
  its place in the order of third reading

AN  ACT  to amend the state administrative procedure act, in relation to
  agencies adopting emergency rules

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraphs (a) and (b) of subdivision 6 of section 202 of
the state administrative procedure act, paragraph (a) as added by  chap-
ter  17  of the laws of 1984 and paragraph (b) as amended by chapter 483
of the laws of 1988, are amended to read as follows:
  (a) Notwithstanding any other provision of law, if an agency finds FOR
A GOOD CAUSE that the immediate adoption of a rule is necessary for  the
preservation  of  the public health, safety or general welfare [and that
compliance with the requirements of  subdivision  one  of  this  section
would  be  contrary to the public interest, the agency may dispense with
all or part of such requirements and adopt  the  rule  on  an  emergency
basis],  AND ONE OR MORE OF THE FOLLOWING CONDITIONS ARE MET, THE AGENCY
MAY DISPENSE WITH ALL OR PART OF THE REQUIREMENTS OF SUBDIVISION ONE  OF
THIS SECTION AND ADOPT THE RULE ON AN EMERGENCY BASIS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11460-05-8

S. 5912--C                          2

  (I)  THE USUAL RULE MAKING PROCEDURES ARE IMPRACTICAL BECAUSE THERE IS
AN EMERGENCY THAT POSES AN IMMINENT AND ACTUAL THREAT TO  PUBLIC  HEALTH
OR SAFETY OR THE ENVIRONMENT; OR
  (II)  THE  DELAY  INVOLVED IN ADOPTING THE RULE THROUGH THE USUAL RULE
MAKING PROCEDURE WOULD CAUSE THE AGENCY TO BE OUT OF COMPLIANCE  WITH  A
JUDICIAL DECISION, FEDERAL OR STATE LAW; OR
  (III)  THE  DELAY  IN  ADOPTING THE RULE THROUGH THE USUAL RULE MAKING
PROCEDURE WOULD RESULT IN A LOSS OF FEDERAL FUNDS; OR
  (IV) THE DELAY INVOLVED IN ADOPTING THE RULE THROUGH  THE  USUAL  RULE
MAKING  PROCEDURE PROVIDED IN SUBDIVISION ONE OF THIS SECTION WOULD LEAD
TO IRREPARABLE INJURY.
  (A-1) WITHIN THIRTY DAYS OF THE ADOPTION OF THE  EMERGENCY  RULE,  THE
AGENCY SHALL SEPARATELY SUBMIT A NOTICE OF PROPOSED RULE MAKING FOR SUCH
RULE  TO THE SECRETARY OF STATE TO COMMENCE THE USUAL RULE MAKING PROCE-
DURES SET FORTH IN SUBDIVISION ONE OF THIS SECTION.
  (b) Unless otherwise provided by law, such emergency  rule  shall  not
remain  in effect for longer than ninety days after being filed with the
secretary of state unless within such time the agency complies with  the
requirements  of  subdivision  one  of  this section and adopts the rule
pursuant  to  the  provisions  of  subdivision  five  of  this  section,
provided,  however,  if  such  emergency  rule is readopted prior to the
expiration of such ninety day period such readoption and any  subsequent
readoptions  shall remain in effect for no longer than sixty days.  UPON
ANY READOPTION, THE AGENCY SHALL  PUBLISH  AND  MAKE  AVAILABLE  TO  THE
PUBLIC  AN  ASSESSMENT OF PUBLIC COMMENTS RECEIVED ON THE EMERGENCY RULE
OR THE SEPARATE NOTICE OF PROPOSED RULEMAKING FOR SUCH RULE.  THE  EMER-
GENCY RULE MAY REMAIN IN EFFECT, AT THE LATEST, FOR AS LONG AS THE SEPA-
RATE  NOTICE OF PROPOSED RULEMAKING REMAINS IN EFFECT PURSUANT TO SUBDI-
VISION TWO OF  THIS  SECTION.  WHEN  THE  SEPARATE  NOTICE  OF  PROPOSED
RULEMAKING  EXPIRES  PURSUANT  TO  SUBDIVISION  TWO OF THIS SECTION, THE
EMERGENCY RULE SHALL ALSO EXPIRE AND BE INEFFECTIVE FOR THE PURPOSES  OF
THIS SECTION.
  § 2. This act shall take effect immediately.

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The New York State Senate

senate Bill S5912C

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Archive: Last Bill Status - Passed Senate

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Votes

May 9, 2018 - floor Vote

Floor Vote: May 9, 2018

Jan 9, 2018 - Commerce, Economic Development and Small Business committee Vote

Committee Vote: Jan 9, 2018

Jun 21, 2017 - floor Vote

Floor Vote: Jun 21, 2017

May 16, 2017 - Rules committee Vote

Committee Vote: May 16, 2017

Bill Amendments

Co-Sponsors

S5912 - Details

S5912 - Summary

S5912 - Sponsor Memo

S5912 - Bill Text download pdf

Co-Sponsors

S5912A - Details

S5912A - Summary

S5912A - Sponsor Memo

S5912A - Bill Text download pdf

Co-Sponsors

S5912B - Details

S5912B - Summary

S5912B - Sponsor Memo

S5912B - Bill Text download pdf

Co-Sponsors

S5912C (ACTIVE) - Details

S5912C (ACTIVE) - Summary

S5912C (ACTIVE) - Sponsor Memo

S5912C (ACTIVE) - Bill Text download pdf

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senate Bill S5912C

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Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

May 9, 2018 - floor Vote

Floor Vote: May 9, 2018

Jan 9, 2018 - Commerce, Economic Development and Small Business committee Vote

Committee Vote: Jan 9, 2018

Jun 21, 2017 - floor Vote

Floor Vote: Jun 21, 2017

May 16, 2017 - Rules committee Vote

Committee Vote: May 16, 2017

Bill Amendments

Co-Sponsors

S5912 - Details

S5912 - Summary

S5912 - Sponsor Memo

S5912 - Bill Text download pdf

Co-Sponsors

S5912A - Details

S5912A - Summary

S5912A - Sponsor Memo

S5912A - Bill Text download pdf

Co-Sponsors

S5912B - Details

S5912B - Summary

S5912B - Sponsor Memo

S5912B - Bill Text download pdf

Co-Sponsors

S5912C (ACTIVE) - Details

S5912C (ACTIVE) - Summary

S5912C (ACTIVE) - Sponsor Memo

S5912C (ACTIVE) - Bill Text download pdf

Comments